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HomeMy WebLinkAboutOrdinance 5322 ORDINANCE NO. 5322 AN ORDINANCE TO AMEND CHAPTER 72 PARKING REGULATIONS OF THE FAYETTEVILLE CODE TO ENACT REGULATIONS FOR NONCONSENSUAL TOWING OF VEHICL] S WITHIN THE ENTERTAINMENT DISTRICT PARKING 'ZONE WHEREAS, nonconsensual Cowing of vehicles from private property has been a problem for years in the Entertainment District around Dickson Street in Fayetteville; and WHEREAS, the Fayetteville City Council passed a Resolution requesting that the Arkansas Legislature provide additional powers to the cities of Arkansas to regulate nonconsensual towing practices; and WHEREAS, the City Attorney traveled to Little Rock at the request of Representative Lindsley Smith to inform her Legislative Committee about the problems of nonconsensual towing; and WHEREAS, Representative Lindsley Smith and Senator Sue Madison were finally successful in obtaining passage of Act 681 of the 2009 Legislative Session which gives the cities more rights to regulate nonconsensual towing. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts Article IV Nonconsensual Towing Regulations of Chapter 72 Parking Regulations as shown below: ARTICLE IV NONCONSENSUAL TOWING REGULATIONS 72.70 Application. "These nonconsensual towing regulations shall apply within the Entertainment District Parking Zone shown on Exhibit A for the nonconsensual towing of a vehicle subject to registration under the laws of Arkansas if it is found abandoned, parked without the consent of the property owner or the owners' agent, parked in violation of the time period or location agreed to by the owner or owner's agent, or for whatever reason the owner or Page 2 Ordinance No. 5322 owner's agent believes a vehicle, which is not the property of the owner or owner's agent, should be towed. These regulations do not apply to removal of vehicles from publicly owned or leased property, nor to police initiated tows. The sign requirements do not apply to residential driveways or parking lots designed for four or fewer vehicles. These regulations shall apply city-wide where indicated in §72.72. "72.71 Requirements for proper signage before nonconsensual towing from private parking lots is permitted within the Entertainment District Parking Zone. (A) Exemption from the Sign Ordinance. All signs required by this section shall be exempt from further regulation of the Sign Ordinance pursuant to §174.03(F). (B) Location and Size of Nonconsensual Towing Warning Sign. Every private parking lot with five or more spaces must have an easily readable Nonconsensual Towing Warning Sign that is not more than 16 square feet, devoid of any advertising and prominently placed at each entrance to the parking lot. (C) Contents of Sign ,for Paid Parking Lot', The Nonconsensual Towing Warning Sign shall contain only the following information in clearly legible letters at least one inch in height in the following order from the top of the sign for a private parking lot that allows paid parking. (1) The symbol for towing vehicles. (2) `Private Parking Lot.' (3) Either `Pay to park at all hours' or `Pay to park during (posted) hours.' (4) At the owner's option, the sign may show the hourly rate and any maximum day or evening rate for parking in the lot. (5) `Parking in violation of posted restrictions will result in towing of vehicle at owner's expense, up to $60.00, plus storage of up to $10.00 per day.' (6) Name, address (including physical address of storage lot), and telephone number of towing and storage firm authorized to tow vehicles from this private lot. (D) Contents of sign for 'Customers Only' or' Residents Only' Parking Lot. The Nonconsensual Towing Warning Sign shall contain only the following information in clearly legible letters at least one inch in height in the following order from the top of the sign for a private parking lot that prohibits public parking and allows only residents or customers to park. Page 3 Ordinance No. 5322 (1) The symbol for towing vehicles. (2) `Private Parking Lot.' (3) `Customers Only' or `Residents Only.' The owner may denote the business or residential complex. (4) `Parking of unauthorized vehicle will result in towing of vehicle at owner's expense, up to $80.00, plus storage of up to $10.00 per day.' (5) Name, address (including physical address of storage lot), and telephone number of towing and storage firm authorized to tow vehicles from this private lot. 72.72 Regulations of Towing and Storage Companies. (A) Valid licenses required. Any towing and storage company operating anywhere in the City of Fayetteville must be in full compliance with all state and local license requirements, A.C.A. §27-50-1101, the Fayetteville Code, and be in good standing with the Arkansas Towing and Recovery Board. (B) Allowed charges for nonconsensual towing and storage. Within the Entertainment District Parking Zone, no Towing and Storage Company may charge a nonconsensually towed vehicle's owner/driver more than $60.00 if the vehicle is towed from a `Paid Parking Lot', $80.00 if the vehicle is towed from a `Customers Only' or `Residents Only' Parking Lot, and $100.00 if the vehicle is towed from private property not classified as a `Paid Parking Lot' or `Customers Only' or `Residents Only' Parking Lot. In addition, the towing and storage company may charge up to $10.00 per day for storage beginning twelve hours after the nonconsensually towed vehicle is placed in the storage lot and available to be reclaimed by its owner or driver. The maximum $100.00 towing fee and $10.00 per day storage fee for a nonconsensual tow from private property that is not police initiated is applicable everywhere within the entire city limits. The above fees are the total amount that can be charged to the owner/operator. No administrative, special equipment or other fee can be charged to the owner/operator of the vehicle. (C) Payments by owner/operator for towing and storage charges. The towing and storage company must accept valid credit and debit cards for payment of towing and storage fees and may accept any other form of payment. (D) Location of storage yard. The towing and storage company may not charge mileage or transportation fees for towing the vehicle to its storage lot which must either be located within Fayetteville or not more than eight miles from the place from which the vehicle was towed. Page 4 Ordinance No. 5322 (E) Company musi answer telephone. The towing and storage company shall answer every telephone call for the number displayed upon the Nonconsensual Towing Warning Sign during every 12 hour period immediately after a vehicle has been towed if such vehicle remains in the towing and storage company's possession. PASSED and APPROVED this 1" day of June, 2010. APPROVED: ATTEST: By: By: �^y �l_NYht►7N IO ELD J N, Mayor SO14DRAVE. SMITH, City Clerk/Treasurer O,c' r .A c ;FAYETTEVILLE; w S � o F m = mbbleW m m m i y W O ^, m iY f0 i N ARKANSAS AVE 3• o N UNIVERSITY AVE 2 z Cip FRHousFDq a z LF m m m '+ N GREGG AVE K O T O N N V T • N WEST AVE- 0 N N SCHOOL AVE D 0 O y ' Q Z 7C y O ~ z y ~ N LOCUST AVE N SHADY ANROLLSTON AVE F 3C z m w 0 m z NTHOMPSON AVE y ~ y yF N MOCK AVE 'f N CHURCH AVE N LINCOLN A m m 3 y O CA C y z -i N SAINT CHARLES AVE ZNPARK AV N BLOCK-AVE A � 3 y m D NFOREST AVE ti p m n A O O D m D a n 0 y °m n v NHIGHLAND AVE NHIGHLANDA z A y < N O y Z o { y O ALLEY 1 m n O a m m c A m D v T O N COLLEGE AVE m m O O y TI 1 y O m 0 AGENDA REQUEST FOR: COUNCIL MEETING OF MAY 4, 2010 FROM: LIONELD JORDAN, MAYOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Chapter 72 Parking Regulations Of The Fayetteville Code To Enact Regulations For Nonconsensual Towing Of Vehicles Within The Entertainment District Parking Zone APPROVED FOR AGENDA: Sharon Crosson Date Parking &Telecommunications Manager /c7 Terry prulfey, Transpo ion Date Services Director --- -� l `( 20 w Kit Williams, •ty Attorney Date Don M Chief of Staff Date L oneld J da , Mayor EMTEIIE� ,/ IRISv 10 10 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE ''N'F TO: Lioneld Jordan, Mayor City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Terry Gulley, Transportation Services Director Sharon Crosson, Parking & Telecommunications Manager FROM: Kit Williams, City Attorney 's �n L DATE: April 14, 2010 RE: Regulation of nonconsensual tows from private parking lots Thanks to Representative Lindsley Smith and Senator Sue Madison, the Arkansas Legislature amended A.C.A. §27-50-1101 to give cities increased power to regulate nonconsensual towing from private parking lots. I have attached part of that statute as well as A.C.A. §27-51-1305 concerning towing signs. Mayor Jordan asked me to draft an ordinance to limit the amount of towing and storage fees that could be charged to the vehicle's owner when a towing company tows away an improperly parked vehicle from a private parking lot. Mayor Jordan also wanted specific information required for "Paid Parking", "Customers Only" and "Residents Only" parking lot signs so persons would be fairly warned of the risk of towing and knows who to call and where to go to recover a towed vehicle. The City Council has the power to enact an ordinance detailing: "(t)he amount of towing and storage charges, including the towing charge, and storage charge, the administrative fee, and any other fee that may be charged, to be assessed against the owner or operator of the vehicle ...." A.C.A. §27-50-1101 (a)(1)(B)(i). Mayor Jordan has proposed that within the Entertainment District a maximum of $60.00 for all towing fees for a nonconsensual tow from a private Paid Parking lot and $80.00 from a Customers Only or Residents Only parking lot could be charged to the vehicle's owner. Since nonconsensual towing problems have occurred primarily in the Entertainment District near Dickson Street, Mayor Jordan felt that the additional signage requirements and some of the towing fee limitations should be only applicable in the Entertainment District. This ordinance does establish city-wide nonconsensual towing charge limitations of$100.00 if a vehicle is illegally parked or abandoned on private property that is not either a paid parking lot or residents only or customers only parking lot within the Entertainment District. Storage charges that begin twelve hours after the vehicle is placed in the storage area and available for the owner to pick up is limited to $10.00 per day. The towing and storage company must answer the telephone number on its Nonconsensual Towing Warning Sign immediately after picking up the vehicle and for the next 12 hours or until the vehicle is returned to its owner (whichever comes first). This is to help the vehicle's owner contact the towing company and arrange to recover the vehicle. If the towing and storage company says the driver cannot pick up his vehicle when they are contacted, but has to wait until "normal operating hours" or the "next morning", the time to begin the storage fee charge is also delayed so that a driver cannot be forced to pay storage fees because the towing company was not "open" to release the car. Police initiated tows, tows from publicly owned or leased property (including all University property) are exempt from the requirements of this proposed ordinance. Occasionally a difficult towing situation (large or damaged vehicle, etc.) could occur in which a larger nonconsensual towing fee would be justified. The property owner could call the police in this rare circumstance. If the police officer agrees, the police officer could initiate a nonconsensual tow which would not be regulated by this ordinance. Otherwise this ordinance would regulate all nonconsensual tows in the Entertainment District and, less restrictively, throughout the City. II �, § 27-50-1007 TRANSPORTATION ` PENAL Administrative Code Referencesobi: Finance and achninist i inions department, ievemu+ division, federal driver'stprivacy act, sce Code ;,� tha Ark. R, 006 05 033. a § 27-50-1101. Nonconsensual towing of a vehicle, implement, or piece of machinery t. o (a)(])(A) When a vehicle of a type subject to registration under the laws of g It this state, an implement, or a piece of machinery is found abandoned on private ,. or public property within this state or is parked on private or public property ; a within this state without the authorization of the property owners or other= tl persons controlling the property, the property owner or his or her agent may ' have the vehicle, implement, or piece of machinery removed from the property `PI , n i by a towing and storage firm licensed by and subject to the rules of the Arkansas 'rowing and Recovery Board, e (B)(i) A city of tie first class, city of the second class, or incorporated c town by ordinance may regulate the manner that a property owner or other « c person controlling the property removes a vehicle, implement, or piece of ' machinery: ` C (a) By limiting: (1) The distance from the location of removal to the destination of or storage; i' ins (2) The amount of towing and storage charges, including the Vol +1, towing charge, the storage charge, the administrative fee, and any ` Other fee that may be charged, to be assessed against the owner of <;'' pie operator of the vehicle, implement, or piece of machinery removed yet from the property, with the difference between the charges allowed: re< by the city and the actual towing and storage charges to be assessed f me to the property owner or other person controlling the property that off requested the removal of the vehicle; and (3) The request for removal of a vehicle, implement, or piece, of Vol machinery from the property to a towing and storage firm that bu accepts payment methods of cash, credit. cards, or debit cards and *`p; (b) By requiring signage under§ 27-51-1305 to include: (1) The name, address, and telephone number of the towing ande storage firm that may provide removal services from the parking lot (2) The amount of towing and storage charges that may be as I MI sessed against the owner or operator of the vehicle, implement or other machinery; and HR; me o" (3) Disclosing whether the towing and storage firm will accept the be payment methods of cash, checks, credit cards, or debit cards. aA an (ii) An ordinance enacted under this subdivision (a)(1)(B) shall not conflict with this section. ,y of (C) Prior to the removal of an abandoned vehicle, implement, or piece of Tei machinery or a vehicle, implement, or piece of machinery parked without 'wl authority as provided by this section, the towing and storage firm shall re. 68 �i: } ,ION VEHICLE OPERATION 8z RULES OF THE ROAD § 27-51-1305 rsonai move the vehicle or require the driver or other person in charge of the vehicle ' struck , to move it to a position off the paved or improved or main-traveled part of the 1 been code- highway. I high- as jury (b) Whenever any police officer finds a vehicle unattended upon any bridge )' where ,, or causeway or in any tunnel where the vehicle constitutes an obsu-action to e ipletely ct- ,t traffic, the officer is authorized to provide for the removal of the vehicle istruct- P - g stop- consistent with § 27-50-1207. k.Stats. i 1953, Acts of 1937, Act 300, § 91; Acts of 2001, Act 1705, § 1, cif. Aug. 13, 2001. Miles a ,1 Formerly Pope's Dig., § 6748; A,S.A. 1947, § 75-648. t} * fi iO;O1��° Historical and Statutory Notes • g M to jury P 2001 other place of salety" the words "Consistent king ofc: Acts of 2001, Act 1705 amended the section .with§ 27 50 1207."at the end of(b) 0 pteju- � i' by substituting for "to Ilic nearest garage or acts, to ick was 4` Library References tat stop- t„ statuto- Automobiles a 12. C..I.S. Motor vehicles §§ 10, 51 to 52, 54 to passing Westlaw Topic No. 48A. 58, 60 to 62. ..5. Bar- 53, 168 1066(8); ,¢ § 27-51-1305. Removal of motor vehicles parked without authority in '- parking lots is truck ,c t ch negli- (a) Consistent with the procedures of § 27-50-1101, the owner of a parking to plain- :lot, his or her agent, or the lessee of a space in a parking lot may cause any it where motor vehicle which is parked on the lot without the consent of the owner of �, where 't9 ' other in the lot or of his or her agent or which is parked in the space of the lessee s.w 2d ( without the consent of the lessee to be removed and stored at the expense of the �t owner or operator of the vehicle if a readable sign is prominently placed at „t .g°I cer each entrance to the lot specifying those persons who may park in the lot and it lat7ng to as prohibiting parking therein by all others, cd was d etrone- r '. (b) The owner of a lot or the lessee of a space in a lot who has all rs violation. , h so that it t unauthorized vehicle removed and stored under the provisions of subsection (a) § 24 (a, of this section shall not be liable for damages incurred by the owner or operator m -is, 100 % of an unauthorized vehicle as a result of removal or storage if the vehicle is _ " removed b an insured vehicle wrecker service and stored b an insured y y 6edly un- storage company. un that, if T & Acts of 1971, Act 200, §§ 1, 2; Acts of 2005, Act 221 I, § 7, ell. Aug. 12, 2005. iE gbecnt iti �„ . ,once was Formerly A.S.A. 1947, §§ 75-651.1, 75-6511. ifr should negligence .tec1 to Historical and Statutory Notes `= Y es- a,of truck �,'Arkansas Code Revision Commission 2005 f d v. John- Technical changes were made it) 2005 and Acts of 2005 Act 2211 § 7, amenducl the 1975. Au. A007 to conform with the official Arkansas Code section by inserting "Consistent with the proce- ii�of 1987 as approved by the Arkansas Code Revi- duns of§ 27-50-1101, the" at the beginning of E _son Commission. (ei), ;hway in ) Cross References ol'ized m.'Nonconsensual towing of a vehicle, implement,or piece of machinery,see§ 27-50-1 101. 177 a >r k tiJ 7. n ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 72 PARKING REGULATIONS OF THE FAYETTEVILLE CODE TO ENACT REGULATIONS FOR NONCONSENSUAL TOWING OF VEHICLES WITHIN THE l"NTERTAINMENT DISTRICT PARKING ZONE WHEREAS, nonconsensual towing of vehicles from private property has been a problem for years in the Entertainment District around Dickson Street in Fayetteville; and WHEREAS, the Fayetteville City Council passed a Resolution requesting that the Arkansas Legislature provide additional powers to the cities of Arkansas to regulate nonconsensual towing practices; and WHEREAS, the City Attorney traveled to Little Rock at the request of Representative Lindsley Smith to inform her Legislative Committee about the problems of nonconsensual towing; and WHEREAS, Representative Lindsley Smith and Senator Sue Madison were finally successful in obtaining passage of Act 681 of the 2009 Legislative Session which gives the cities more rights to regulate nonconsensual towing. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts Article IV Nonconsensual Towing Regulations of Chapter 72 Parking Regulations as shown below: " ARTICLE IV NONCONSENSUAL TOWING REGULATIONS "72.70 Application. "These nonconsensual towing regulations shall apply within the Entertainment District Parking Zone shown on Exhibit A for the nonconsensual towing of a vehicle subject to registration under the laws of Arkansas if it is found abandoned, parked without the consent of the property owner or the owners' agent, parked in violation of the time period or location agreed to by the owner or owner's agent, or for whatever reason the owner or owner's agent believes a vehicle, which is not the property of the owner or owner's agent, should be towed. These regulations do not apply to removal of vehicles from publicly owned or leased property, nor to police initiated tows. The sign requirements do not apply to residential driveways or parking lots designed for four or fewer vehicles. These regulations shall apply city-wide where indicated in §72.72. "72.71. Requirements for proper signage before nonconsensual towing from private parking lots is permitted within the Entertainment District Parking Zone. (A) Exemption from the Sign Ordinance. All signs required by this section shall be exempt from further regulation of the Sign Ordinance pursuant to §174.03(P). (B) Location and Size of Nonconsensual Towing Warning Sign. Every private parking lot with five or more spaces must have an easily readable Nonconsensual Towing Warning Sign that is not more than 16 square feet, devoid of any advertising and prominently placed at each entrance to the parking lot. (C) Contents of Sign for 'Paid Parking Lot'. The Nonconsensual Towing Warning Sign shall contain only the following information in clearly legible letters at least one inch in height in the following order from the top of the sign for a private parking lot that allows paid parking. (1) The symbol for towing vehicles. (2) `Private Parking Lot.' (3) Either `Pay to park at all hours' or `Pay to park during(posted) hours.' (4) At the owner's option, the sign may show the hourly rate and any maximum day or evening rate for parking in the lot. (5) `Parking in violation of posted restrictions will result in towing of vehicle at owner's expense, up to $60.00, plus storage of up to $10.00 per day.' (6) Name, address (including physical address of storage lot), and telephone number of towing and storage firm authorized to tow vehicles from this private lot.